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(영문) 수원지방법원 2018.10.31 2018고단4580
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.The execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

3...

Reasons

Punishment of the crime

[Criminal Experience] The Defendant is a person with six times the same kind of power, including having received a summary order of fine of KRW 7 million due to a violation of Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on August 31, 2007, as a crime of violation of Road Traffic Act (driving in Drinking), and on December 11, 2013 at the Suwon District Court, as well as having received a summary order of KRW 7 million (driving in Drinking).

[Criminal facts] On July 17, 2018, the Defendant driven a vehicle with alcohol content of approximately KRW 0.108% in the blood while under the influence of alcohol at the section of about 5km from the 1524 km-si Viewing to the 1524 front roads of the same Singue Eup, Young-gu, Youngnam-gu, Nannam-si, Sinsung (hereinafter “Seoul”) around 21:07 to the 1524.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (attaching sentence, etc.);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months of imprisonment (decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, motive of the crime and circumstances after the crime, were determined as ordered.

D. Unfavorable circumstances: The defendant committed the crime of this case without being well aware of the fact that he had been punished several times due to drinking driving, and the circumstances favorable to the defendant that he committed the crime of this case: The defendant's mistake is recognized, and the defendant again does not drive drinking again in the future, and his previous conviction was 13 years prior to the punishment.

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